Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 192 A.D.3d 1505 (Monroe)
Defendant likewise failed to preserve her contention that the court erred in admitting in evidence certain statements that she made to the police that were not included in the pretrial CPL 710.30 notice (see CPL 470.05 [2]; People v Hernandez, 192 A.D.3d 1505, 1506 [4th Dept 2021], lv denied 37 N.Y.3d 957 [2021]; see generally People v Nickerson, 75 N.Y.2d 883, 884 [1990]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]).
As defendant concedes, however, that contention is unpreserved for our review (see CPL 470.05 [2] ), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a] ). Defendant likewise failed to preserve her contention that the court erred in admitting in evidence certain statements that she made to the police that were not included in the pretrial CPL 710.30 notice (see CPL 470.05 [2] ; People v. Hernandez , 192 A.D.3d 1505, 1506, 140 N.Y.S.3d 835 [4th Dept. 2021], lv denied 37 N.Y.3d 957, 147 N.Y.S.3d 528, 170 N.E.3d 402 [2021] ; see generallyPeople v. Nickerson , 75 N.Y.2d 883, 884, 554 N.Y.S.2d 473, 553 N.E.2d 1021 [1990] ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a] ). Defendant also contends that the court, in making its Molineux ruling, erred in admitting in evidence testimony regarding defendant's alleged prior abuse of the victim because that abuse was not established by clear and convincing evidence.